Can Ohio judges refuse to marry gay couples?

COLUMBUS – Some Ohio judges say they don’t have to officiate same-sex weddings, or any weddings for that matter.

Last month, the U.S. Supreme Court declared that marriage is a fundamental right for all Americans regardless of their sexual orientation. But judges from Mansfield to Chillicothe are not performing same-sex marriages, or in some cases, any marriages.

Toledo Municipal Court Judge C. Allen McConnell refused to marry a same-sex couple earlier this month, saying he declined because of “his personal and Christian beliefs established over many years.” He planned to continue “traditional marriages,” but the presiding judge took over all marriage ceremonies.

“I can’t think of many jobs where there’s something in your job description that you can opt not to do,” Stancliff said.

In Crawford County, the issue isn’t likely to come up anytime soon, since none of the three judges in the county courthouse perform any civil marriages. In some cases, they stopped years ago, if they ever performed them in the first place. Lack of time is generally cited as the reason.

Bucyrus Mayor Jeff Reser performed civil marriages for only a few weeks after being appointed to the office a little more than a year ago and then halted the practice because of time constraints. His predecessor, Roger Moore, who died in office in May of last year, did perform marriages.

So far this year, three same-sex couples have received marriage licenses from the probate court in Crawford County — two male and one female. In two cases, the couples went to Galion City Hall for the ceremony; in the other case, they got married in Columbus.

“Upon Roger Moore’s sudden passing, I realized there was a need in the community for someone with the authority to perform civil marriages,” Galion Mayor Tom O’Leary said. “Regardless of what your beliefs might be, you don’t want to be in the position of discriminating.”

McConnell has asked the Ohio Supreme Court’s board of professional conduct to clarify if he must perform marriages for gay couples. Athens County Municipal Court Judge William Grim, as president of the Association of Municipal and County Judges of Ohio, is also seeking guidance on whether judges can refuse to perform marriages for any couples.

“Is there a duty to perform marriage ceremonies, is it a personal duty of every authorized judge or is it the duty of the presiding judge in each court to insure the court provides this service?” Grim asked the board.

Attorneys with the board of professional conduct are researching those questions and could announce their answers as early as next week, director Richard Dove said.

State law says judges, licensed ministers, mayors, superintendent for the state school for the deaf and religious societies may officiate wedding ceremonies. No prior ethics board decision has clarified whether judges must perform same-sex ceremonies, Dove said.

Ethics panels in four other states have already weighed in: Judges can’t refuse to perform same-sex marriages and continue marrying heterosexual couples. However, in Louisiana, Pennsylvania and Nebraska, judges were able to abstain from marrying anyone. In Arizona, judges also could choose to marry only friends and relatives.